The U.S. Attorney’s Office for the District of Massachusetts reached a settlement agreement that resolves allegations the Massachusetts Parole Board discriminated against prospective parolees with Substance Abuse Disorder in violation of the Americans with Disabilities Act.
According to the U.S. Attorney’s Office, the Parole Board had a prior practice of requiring certain prospective parolees with Substance Abuse Disorder to take prescription Vivitrol instead of requiring them to comply with their health care provider’s recommended treatment and without conducting individualized assessments.
Vivitrol is the brand name for Naltrexone manufactured by Alkermes. They headquartered the company in Ireland with U.S. headquarters and research and development in Waltham, Mass.
Under the terms of the agreement with the U.S. Attorney’s Office, the Parole Board will:
- Ensure that parole applicants with Substance Abuse Disorder receive assessment from a qualified addiction specialist authorized to prescribe all three types of Medication for Opioid Use Disorder who conducts an individual assessment of each patient.
- Express no preference for, or mandate, one form of Medication for Opioid Use Disorder over another, even if an individualized assessment results in a recommendation that includes more than one medication option.
- Modify the conditions of parole for all parolees with Substance Abuse Disorder to eliminate any condition that includes a requirement for a specific Medication for Opioid Use Disorder and instead require that the parolee comply with their health care providers’ recommendations.
- Ensure that no parolees with Substance Abuse Disorder will be required to take a specific form of Medication for Opioid Use Disorder as a condition of parole.
The Parole Board must implement a new, compliant policy within 90 days, provide training to all board members, parole officers, and other staff whose responsibilities relate to parole applicants or parolees with Substance Abuse Disorder within 180 days and provide additional reporting to government after six months and annually.
If the Parole Board complies with the agreement for three years, the U.S. Attorney’s Office will close the case.
